Collective Commentary about the New Package Travel Directive

ITALY | ROSARIA GAROZZO 953 hotel where he will stay until a few days before departure or even only once he arrives at destination 4 . 2.4. In several cases, ICA established a violation of the Consumer Code with regard to the unilateral alteration of package travel contract terms. 2.5. In one case, ICA established that a company active in the organization and sale of travel packages in Italy had put in place several unfair commercial practices, by, inter alia , repeated variations of flights schedules and even of the carriers mentioned in the contract, which had caused significant inconvenience to consumers, by reducing their period of residence and by not providing adequate assistance during their stay. Moreover, the information contained in the trader’s contractual terms regarding the alleged power to modify the operations of the flights agreed upon was also considered incorrect andmisleading by ICA. ICA stated that significant changes in air transport conditions are to be considered allowed only in the case of “ need ” or in the event of exceptional circumstances, which the trader could not have in any way avoided, even if he had taken all the necessary measures 5 . 2.6. Similar principles were applied to a case involving an online tour operator. ICA established a single unfair practice, consisting in the promotion, organisation and marketing of tourist packages without the prior and diligent organisation to ensure the proper performance of the travel service, according to the agreed programme. A first misconduct consisted in the misleading information about the purely indicative value of the operations of the flights being marketed, contained in the general terms and conditions of the company and in its communications with consumers. The second practice censured by ICA consisted in the dissemination of misleading information about travel packages sold on certain routes, in terms of the lack of correspondence between the transport conditions indicated to consumers and those actually available to them and, in particular, the operation of the flights and the motivations of their variation. 4 See, ICA decision, 16 september 2009-PS909- Pianeta Terra ; decision 23 june 2010- PS1548- Columbus . 5 See ICA decision, 26 may 2010 – PS853- Bluvacanze, confirmed by Consiglio di Stato Judgment, 19 january 2012, n. 209.